Stipe Injury Law Blog

Oklahoma City Personal Injury Lawyers


Thursday, May 28, 2009

Plaintiff’s smoking habit nixes recovery for back injury

Back injuries are notoriously tricky, both for those who suffer them and lawyers who must prove their existence and causes.

The 10th Circuit just today decided an interesting case involving a plaintiff whose smoking habit upset her plans to collect damages from an automobile accident.

 

In Neiberger v. Fed Ex Ground Package System, misfortune piled upon misfortune when Penni Neiburger was injured in a Colorado automobile crash after she had back surgery.

 

In order to recover for personal injury under the state’s no-fault statute, Penni needed to show that the failure of her spine to heal following the preaccident surgery was due to the crash.

 

But the defense had an ace up its sleeve, producing an expert witness who testified that the failure of the plaintiff’s spine to heal was probably due to her smoking habit, rather than the accident.

 

Needless to say, Penni’s attorney wanted this evidence booted from the trial.

 

The 10th Circuit rejected the Daubert challenge, concluding that the district judge rightly admitted the evidence given that the plaintiff’s own doctor warned her not to smoke and the medical literature supported the thesis that smoking inhibited spinal fusion.     

 

 

 

 

 

posted by jamesbelote at 8:44 AM 0 comments


Wednesday, May 27, 2009

 

 

Justices to Decide if Vioxx-Related Suit Can Proceed

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The Supreme Court has agreed to hear an appeal by Merck & Co. that seeks to halt a lawsuit accusing the drugmaker of defrauding investors about the dangers posed by the withdrawn painkiller Vioxx. The appeal hinges on whether investors filed the lawsuit within a two-year period from when evidence of alleged fraud first appeared. The 3rd Circuit Court of Appeals had previously ruled that the class action was filed within the two-year window.  Greg Stohr, Bloomberg  05/26/2009

Read Article: Bloomberg    

 

 

 

 

 

posted by jamesbelote at 2:29 PM 0 comments


Tuesday, May 26, 2009

Johnson & Johnson Urged to Remove Chemicals

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According to the Campaign for Safe Cosmetics, two chemicals in Johnson & Johnson’s Baby Shampoo are potential carcinogens, and should be removed from the shampoo immediately. The Environmental Protection Agency lists both 1,4-dioxane and formaldehyde as potential carcinogens, and 1,4-dioxane has been banned by the European Union. A company spokesman said the levels of the chemicals are so low they are considered safe.  Linda A. Johnson, Newsday  05/25/2009

Read Article: Newsday   

 

 

 

 

 

posted by jamesbelote at 3:00 PM 0 comments


Workers' Compensation

Workers' Compensation is a benefit available to those that suffer an injury while on the job. A worker is entitled to medical care and treatment and compensation for injuries, lost income and other expenses due to the work-related injury. Medical care and treatment refers to medication, physical therapy, psychological counseling and any other expenses related to the proper care and treatment of the injury sustained while on the job.

Unfortunately, individuals injured on the job face many obstacles when attempting to obtain the medical care and treatment they deserve. There are specific Workers' Compensation procedures that must be followed when a worker is injured or killed in a work-related accident.

A Workers' Compensation attorney can assist you in making certain the proper procedures are followed and your legal rights are protected and the complex laws, rules and regulations are properly explored and addressed. For instance, workers are often denied their rightful benefits if employer fraud takes place. Employer fraud exists simply because employer Workers' Compensation rates increase according to the number of claims filed.

If you live in Oklahoma City, Oklahoma or the surrounding area and you or someone you love has to file a Workers' Compensation claim or has been already denied a claim, please contact an experienced Oklahoma Workers' Compensation lawyer at Stipe Injury Law today to schedule a confidential consultation to learn all about your legal rights.

posted by Erica at 9:52 AM 0 comments


Monday, May 25, 2009

Oklahoma Passes Lawsuit Changes

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Oklahoma Governor Brad Henry on Thursday signed into law a state Chamber of Commerce-backed bill that introduces significant changes to the state’s civil justice system. Among other changes, the bill places a cap on non-economic damages and strengthens summary judgment rules. Gov. Henry called the so-called “tort-reform” bill the most comprehensive in state history.  Michael McNutt, Oklahoma City Oklahoman  05/22/2009

Read Article: Oklahoma City Oklahoman   

 

 

 

 

 

posted by jamesbelote at 8:22 AM 0 comments


Thursday, May 21, 2009

Obama Reverses Pre-Emption Policies

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The Obama administration on Wednesday overturned policies enacted under George W. Bush that shielded companies from state court lawsuits. The move, applauded by trial attorneys and consumer advocates, effectively reverses eight years of policy decisions to advance the concept of pre-emption in the nation’s courts. A White House official said they hope to return to an approach that is “clearer and more orderly and more defensible under the law.”  AP, Boston Globe  05/21/2009

Read Article: Boston Globe   

 

 

 

James A. Belote

STIPE, HARPER, LAIZURE, USELTON,

BELOTE, MAXCEY & THETFORD

525 CENTRAL PARK DRIVE, SUITE 101
Oklahoma City, OK 73105

PH: (405) 524-2268

FAX: (405) 525-3231

 

posted by jamesbelote at 2:29 PM 0 comments


 

Vermont Passes Law to Disclose Drug Maker Payments

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In the most sweeping legislation to date, Vermont lawmakers have passed a bill that will force drug and device makers to publish explicit details about payments made to doctors and other health care providers. Under the law, the medical industry must disclose the names of doctors who received money and how much each doctor received. The law also prohibits virtually all industry gifts to medical personnel.  Natasha Singer, The New York Times  05/19/2009

Read Article: The New York Times    

 

 

 

posted by jamesbelote at 11:18 AM 0 comments


Shampoos Contain Carcinogens, Lawsuit Says

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A number of top-selling bath and personal care products contain chemicals known to cause cancer, according to a lawsuit filed last week in New Jersey. In the suit, plaintiffs claim that Johnson & Johnson, Proctor & Gamble Co. and others knowingly sold products containing formaldehyde and other carcinogens. The case is Vercellono v. Johnson & Johnson.  Joel Rosenblatt, Bloomberg  05/18/2009

Read Article: Bloomberg    

 

 

 

James A. Belote

STIPE, HARPER, LAIZURE, USELTON,

BELOTE, MAXCEY & THETFORD

525 CENTRAL PARK DRIVE, SUITE 101
Oklahoma City, OK 73105

PH: (405) 524-2268

FAX: (405) 525-3231

 

posted by jamesbelote at 11:01 AM 0 comments


Medical Misdiagnosis

Friday, May 15, 2009

One of the most common medical errors that occurs and endangers the lives of thousands of people every day is the misdiagnosis of symptoms or the failure to diagnose a medical condition in a timely manner. A misdiagnosis or delayed diagnosis is often a death sentence.

Statistics reveal that 40% of medical malpractice claims result from a healthcare provider's failure to diagnose a condition or disease. A misdiagnosis or delayed diagnosis can result from the healthcare provider's failure to order the correct diagnostic tests, a misreading or misunderstanding of the results of those tests or a failure to conduct a thorough medical history and examination of the patient.

Some common diseases that are often misdiagnosed or diagnosed too late are breast cancer, lung cancer, heart attack, appendicitis, cervical cancer, ovarian cancer and testicular cancer. Although there are no guarantees when it comes to medical treatment by healthcare professionals, there is a standard of care that must be followed. If this standard of care is not adhered to, negligence may lead to deadly errors.

If you live in Oklahoma City, Oklahoma or the surrounding area and you or someone you love has been the victim of a misdiagnosis or a delayed diagnosis, please contact an experienced medical misdiagnosis attorney at Stipe Injury Law today to schedule a confidential consultation to learn about your legal rights and whether you are entitled to compensation.

posted by Erica at 9:50 AM 0 comments


Social Security Disability Insurance

Wednesday, May 6, 2009

Social Security Disability Insurance is a federal program that provides assistance to people with disabilities. Workers who have a medical condition that meets Social Security's definition of a disability, are entitled to collect benefits while they are unable to work. Benefits are paid monthly to people unable to work for one year or more because of a disability. The application process is complex and normally takes sixty to ninety days. There is than a six month waiting period before the first benefit check arrives.

You are entitled to Social Security Disability benefits if you are unable to work due to a medical or mental impairment which can be expected to last twelve months, which has lasted twelve months or will result in death. You must also be unable to work at any other gainful employment because of your impairment.

The Social Security Disability Insurance system can be a challenge to understand for most people. People with deserving Social Security Disability claims are often denied. The sooner a Social Security Disability attorney is involved in your case, the better the outcome will be for you.

If you live in Oklahoma City, Oklahoma or the surrounding area and you or someone you care about needs to file a claim with the Social Security Disability Insurance program, please contact an experienced Social Security Disability Insurance claim attorney at Stipe Injury Law today to schedule a confidential consultation to assist you in this complex process.

posted by Erica at 9:47 AM 0 comments


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